The board believes that illegal, unauthorized or contraband materials may cause material and substantial disruption to the school environment or present a threat to the health and safety of students, employees or visitors on the district’s premises or property within the jurisdiction of the district. The board shall adopt a student search rule that is consistent with this policy and publish the student search rule in the school’s student handbook.
District property is held in public trust by the board. District officials may conduct routine patrols of the student parking lots which may include the use of a drug sniffing animal. District officials (meaning licensed school employees and unlicensed school employees employed for security or supervision purposes) may, without a search warrant, search students, student lockers, student personal effects, student desks, student work areas or student automobiles, based on reasonable suspicion that a District policy, rule, regulation or law has been violated. District officials may use drug sniffing animals to conduct searches of student lockers, student personal effects, student desks, student work areas or student automobiles.
Student searches shall be conducted in a manner reasonable in scope. The reasonableness of the scope of a search may be determined based upon the following: (a) the age of the student; (b) the gender of the student; (c) the safety of the students and/or others; (d) the nature of the violation; and (e) the objectives to be accomplished by the search. Student searches shall be conducted in a manner that maintains order and discipline in the schools, promotes the educational environment, and protects the safety and welfare of students, employees, and visitors to the district’s facilities.
Notwithstanding the requirements stated above, District officials may conduct periodic inspections of all, or a randomly selected number of student lockers. Prior to conducting these types of locker inspections, at the beginning of each school year, the district shall provide written notice to each student and the student’s parents, guardians or legal custodians that District officials may conduct periodic inspections of all school lockers without prior notice. Any locker inspection conducted pursuant to this policy shall be done only in the presence of the student(s) whose lockers are being inspected or in the presence of at least one other person. An inspection of the lockers may be accomplished using such methods including, but not limited to, a visual search of lockers by District officials or the use, by District officials or others hired at their direction, of a drug sniffing animal.
In conducting their searches and inspections, District officials may seize any illegal, unauthorized or contraband materials discovered in the search. Items of contraband including, but are not limited to, non-prescription controlled substances, marijuana, cocaine, amphetamines, barbiturates, apparatus used for controlled substances, alcoholic beverages, tobacco, weapons, explosives, poisons, and stolen property. Such items are not to be possessed by a student while they are on District property or on property within the jurisdiction of the district; while on school owned and/or operated school or chartered buses or vehicles; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the district. Possession of such items will be grounds for disciplinary action including suspension or expulsion and may be reported to law enforcement officials.
Approved: 1994-95
Reviewed: FY 2015-2016, March 14, 2016, May 24,2021
Revised: 02/24/17
I. General Searches
A. Reasonable and Articulable Suspicion: A search of a student will be justified when there are reasonable grounds for the suspicion that the search will turn up evidence that the student has violated or is violating the law or District policy, rules or regulations affecting school order. Reasonable suspicion may be formed by considering factors such as the following:
1. Eyewitness observations by employees;
2. Information received from reliable sources;
3. Suspicious behavior by the student; or
4. The student's past history and school record although this factor alone is not sufficient to provide the basis for reasonable suspicion.
B. Reasonable Scope: A search will be permissible in its scope or intrusiveness when the measures adopted are reasonably related to the objectives of the search. Reasonableness of scope or intrusiveness may be determined based on factors such as the following:
1. The age of the student;
2. The gender of the student;
3. The nature of the infraction; and
4. The existence of an emergency requiring the search without delay.
II. Types of Searches
A. Personal Searches
1. A student's person and/or personal effects (e.g., purse, backpack, etc.) may be searched when a District official has reasonable suspicion to believe the student is in possession of illegal or contraband items or has violated District policies, rules, regulations or the law affecting school order.
2. Personally intrusive searches will require more compelling circumstances to be considered reasonable.
a. Pat-Down Search: If a pat-down search or a search of a student's garments (such as jackets, socks, pockets, etc.) is conducted, it will be conducted in private by a school official of the same gender as the student and with another adult witness of the same gender present, when feasible.
b. A more intrusive search, short of a strip search, of the student's person, handbags, book bags, etc., is permissible in emergency situations when the health and safety of students, employees or visitors are threatened. Such a search may be conducted only in private by a school official of the same gender as the student, with an adult of the same gender present unless the health or safety of students will be endangered by the delay which may be caused by following these procedures.
B. Locker and Desk Inspections
1. Although school lockers and desks are temporarily assigned to individual students, they remain the property of the district at all times. The district has a reasonable and valid interest in insuring the lockers and desks are properly maintained. For this reason, lockers and desks are subject to unannounced inspections and students have no legitimate expectations of privacy in the locker or desk. Periodic inspections of all or a random selection of lockers or desks may be conducted by District officials in the presence of the student or another individual. Any contraband discovered during such searches will be confiscated by District officials and may be turned over to law enforcement officials.
2. The contents of a student's locker or desk (coat, backpack, purse, etc.) may be searched when a District official has reasonable and articulable suspicion that the contents contains illegal or contraband items or evidence of a violation of law or District policy or rule. Such searches should be conducted in the presence of another adult witness when feasible.
C. Automobile Searches
Students are permitted to park on District premises as a matter of privilege, not of right. The district retains authority to conduct routine patrols of the student parking lots. The interior of a student's automobile on the district’s premises may be searched if the district official has reasonable and articulable suspicion to believe that illegal, unauthorized or contraband items are contained inside.
Approved 1994-95
Reviewed: FY 2015-2016, March 14, 2016, May 24,2021
Revised: 02/24/17